Jamison v. Moon

Citations

• 43 Miss. 598

Syllabus

<p>1. Bill of Exceptions — Practice in Supreme Court. — An order of court refusing a new trial, not appearing of record in the minutes of- the court, but only ¿n the bill of exceptions, cannot be noticed in the appellate court. The office of the bill of exceptions is to introduce matters in pais. Process, pleadings, orders, judgments, etc., must appear by the record, and cannot be provod by bill of exceptions.</p> <p>2. Measure of Damages in Actions ex Contractu. — The general rule as to the measure of damages in actions ex contractu, is the actual damages naturally resulting from the breach of contract; if for the payment of money, the principal sum, with interest; if for non-delivery of property, its value at the time and place named for delivery, and interest; if for the price of property sold, with no price agreed on, then its market value and interest.</p> <p>3. Same — Actions of Tort — Waiver of Tobt. — If the defendant sold the plaintiff ’6 property without his consent, the plaintiff may waive the tort and sue for the price realized, or if there has been no sale, the amount of recovery will be quantum, valebat. In actions of tort, the plaintiff is entitled to such compensation in damages, as will make full and complete redress for the wrong.</p> <p>4. Measure of Damages. — The value of the property taken, with interest from the ime of the tailing, down to the trial, is deemed legal satisfaction, which refers only to the injury done to the property taken, and not to any collateral or consequential damages resulting to the owner from the trespass. Marshall, Ch. J., 6 Pet., 273.</p> <p>5. Exemplary Damages. — When trespass is committed with high hand, without color of right, wantonly, wickedly oppressive, evincing a heart moved by malice or revenge, the jury ought not to stop at the mere value of the property, but may also take into consideration the mortified sensibilities and reputation of the party, and the evil example of such conduct to the public at large.